Download or read book Funzioni del diritto privato e tecniche di regolazione del mercato written by and published by . This book was released on 2009 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Download or read book Collective Dominance and Collusion written by Marilena Filippelli and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis itself of collective dominance and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rulesÑfrom dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion, as a strategy made of collusion and competition. The author considers economic models equaling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems, under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions. Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers.
Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Download or read book Bibliographie Juridique de L int gration Europ enne written by and published by . This book was released on 2010 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulating Global Corporate Capitalism written by Sol Picciotto and published by Cambridge University Press. This book was released on 2011-05-12 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.
Download or read book EU Competition Law written by Bernardo Cortese and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, 11 European jurists and academics, all experts in competition law, offer in-depth perspectives on these questions and reveal conflicts between EU competition law and enforcement regimes.
Download or read book Neoliberal Legality written by Honor Brabazon and published by Taylor & Francis. This book was released on 2016-11-10 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.
Download or read book Contract Governance written by Stefan Grundmann and published by OUP Oxford. This book was released on 2015-07-23 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
Download or read book How is Your MPA Doing written by Robert S. Pomeroy and published by IUCN. This book was released on 2004 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidebook which aims to improve MPA management by providing a framework that links the goals and objectives of MPAs with indicators that measure management effectiveness. The framework and indicators were field-tested in 18 sites around the world, and results of these pilots were incorporated into the guidebook. Published as a result of a 4-year partnership of IUCN's World Commission on Protected Areas-Marine, World Wildlife Fund, and the NOAA National Ocean Service International Program Office.
Download or read book Financial Services Financial Crisis and General European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.
Download or read book The Public private Law Divide written by Matthias Ruffert and published by BIICL. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
Download or read book Aspects of Violence written by W. Schinkel and published by Springer. This book was released on 2010-02-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.
Download or read book An Introduction to Online Platforms and Their Role in the Digital Transformation written by OECD and published by OECD Publishing. This book was released on 2019-05-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report contains detailed profiles of twelve of the world’s leading platform companies and derives insights from those profiles about what platforms actually do, how they do it, and why they succeed financially.
Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Download or read book Introduction to European Union internal market law written by Raffaele Torino and published by Roma TrE-Press. This book was released on 2017-12-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).
